MEMBERS OF THE BOARD

 

ALLEN ISHIDA

District One

 

PETE VANDER POEL

District Two

 

PHILLIP A. COX

District Three

 

J. STEVEN WORTHLEY –  

Chairman

District Four

 

MIKE ENNIS – Vice Chairman

District Five

 

 

Board of Supervisors

 

Agenda

 

 

 

 

JEAN M. ROUSSEAU

County Administrator

 

KATHLEEN BALES-LANGE

County Counsel


MICHELLE BALDWIN

Chief Clerk

 

ADMINISTRATION BUILDING

2800 W. Burrel Avenue

Visalia, CA  93291

(559) 636-5000

FAX (559) 733-6898

 

SITTING AS THE TULARE COUNTY BOARD OF SUPERVISORS AND
THE TERRA BELLA SEWER MAINTENANCE DISTRICT

 

July 21, 2015

 

9:00 A.M. Board Convenes

 

Board of Supervisors Chambers

2800 W. Burrel Avenue

Visalia, CA 93291

 

PLEDGE OF ALLEGIANCE

Moment of Silence

 

 

NOTICE TO THE PUBLIC

PUBLIC COMMENT PERIOD

At this time, members of the public may comment on any item not appearing on the agenda.  Under state law, matters presented under this item cannot be discussed or acted upon by the Board at this time.  For items appearing on the agenda, the public is invited to make comments at the time the item comes up for Board consideration.  Any person addressing the Board will be limited to a maximum of three (3) minutes so that all interested parties have an opportunity to speak with a total of fifteen (15) minutes allotted for the Public Comment Period.  At all times, please use the microphone and state your name and address for the record.


(Public Comment Period)

 

1.             Board of Supervisors matters.

2.             Public Comments.

 

 

9:30 A.M. – TIMED ITEMS

 

 

(Timed Items)

3.            PUBLIC HEARING:  Request from the Resource Management Agency to deny the appeal filed by Greg Redeker of Stott Outdoor Advertising and hereby affirm the Planning Commission denial of Final Site Plan No. PSR 15-001 for the installation of an off-site outdoor advertising billboard and an amendment to Final Site Plan No. PSR 00-010 for a truck service and repair facility adjacent to the City of Lindsay.

4.            PUBLIC HEARING: Request from the Resource Management Agency to consider and approve placement of delinquent water service fees, delinquent penalties, and Auditor’s collection charges for Seville Water Company on the 2015/2016 Tax Roll.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND
CONVENE AS THE TERRA BELLA SEWER MAINTENANCE DISTRICT

 

5.            PUBLIC HEARING:  Request from the Resource Management Agency to consider and approve placement of delinquent water and sewer service fees, delinquent penalties, and Auditor’s collection charges for County Service Areas No. 1 and No. 2 on the 2015/2016 Tax Roll.

ADJOURN AS THE TERRA BELLA SEWER MAINTENANCE DISTRICT
RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

 

6.            PUBLIC HEARING:  Request from the Resource Management Agency to consider and approve placement of delinquent sewer service fees, delinquent penalties, and Auditor’s collection charges for the Terra Bella Sewer Maintenance District on the 2015/2016 Tax Roll.   

(Consent Calendar)

CONSENT CALENDAR (Number 7  through 42)

 

 

NOTICE TO THE PUBLIC

Background information has been provided to the board on all matters listed under the Consent Agenda, and these items are considered to be routine by the Board.  All items under the Consent Agenda are normally approved by one motion.  If discussion is requested by any Board members on any item, that item will be removed from the Consent Agenda if separate action is required.

 

Agricultural Commissioner/Sealer

7.            Approve an agreement with the California Department of Food and Agriculture for providing State subvention of up to $6,000 to offset costs of registering organic growers and conducting organic inspections, retroactive to July 1, 2015 through June 30, 2016.  Find that the Board had the authority to enter into the proposed agreement as of July 1, 2015, and that it was in the County’s best interest to enter into the agreement on that date.

8.            Approve an agreement with the California Department of Food and Agriculture in the amount of $4,800 for the County Weighmaster Program, retroactive to July 1, 2015 through June 30, 2016.  Find that the Board had the authority to enter into the proposed agreement as of July 1, 2015, and that it was in the County’s best interest to enter into the agreement on that date.

9.            Approve an agreement with the California Department of Food and Agriculture in an amount up to $12,075 for the County Petroleum Product Compliance Program, retroactive to July 1, 2015 through June 30, 2016.  Find that the Board had the authority to enter into the proposed agreement as of July 1, 2015, and that it was in the County’s best interest to enter into the agreement on that date.

10.         Approve a Memorandum of Understanding with the California Agricultural Commissioners and Sealers Association to provide funding for costs associated with the CalAgPermits system in the amount of $47,212, retroactive to July 1, 2015 through June 30, 2016.  Find that the Board had authority to enter into the proposed Memorandum of Understanding as of July 1, 2015, and that it was in the County’s best interest to enter into the Memorandum of Understanding on that date.

Auditor-Controller/Registrar of Voters/Treasurer-Tax Collector

11.         Approve an agreement with the California Statewide Communities Development Authority and the County of Tulare to collect and distribute special assessments on the Secured Property Tax Roll in regards to the California FIRST Program.

Board of Supervisors

12.         Reappoint Diana Pearcy, Unincorporated Cities to the Independent Ambulance Compliance Committee for a term ending December 31, 2016.

13.         Reappoint Joe Enea, Public Member to the Tulare County Financial Advisory Committee for a term ending June 30, 2018.

14.         Appoint Carol S. Gossett, Community Representative to the Tulare County Council on Child and Youth Development for a term ending June 30, 2016.

15.         Appoint David Anderson, Community Health Board seat to the Health Advisory Committee for a term ending February 1, 2016.

16.         Reappoint Rodney Blaco, District 3-Seat 1 to the Tulare County Youth Commission for a term ending June 30, 2018.

17.         Reappoint William P. Bennett II to the Southern Tulare County Citrus Pest Control District for a term ending July 6, 2019.

18.         Appoint Lori Berger, Member At-Large to the Delta Vector Control District for a term ending December 31, 2016.

County Administrative Office/General Services

19.         Reaffirm that the lack of water supply for East Porterville declared by the Board of Supervisors on June 30, 2015 is a continuing emergency.

20.         Ratify actions by the County Administrative Officer during the month of June 2015.  Find that the activities funded pursuant to the good works funding agreements are necessary to meet the social needs of the residents of Tulare County.

21.         Approve sending a letter to the United States Forest Service requesting that the County of Tulare be granted Cooperating Agency status in the preparation of the revised land management plans for the Inyo, Sequoia, and Sierra National Forests as permitted under Council of Environmental Quality NEPA regulation (40 CFR 1508.5).  Designate the Resource Management Agency as the County of Tulare contact for purposes of Cooperating Agency status.

22.         Approve an agreement with DKJ Architects, Inc. to provide space planning, programming, architecture, and move management services in support of the Space Planning and Improvement Project in an amount not to exceed $635,800, retroactive to July 1, 2015 through December 31, 2016.  Find that the Board had authority to enter into the proposed agreement as of July 1, 2015 and that it was in the County’s best interest to enter into the agreement on that date.  Authorize the Chairman of the Board to sign the agreement, subject to review and approval as to form by County Counsel.

23.         Determine that the failure of three County wells located at the Bob Wiley Detention Facility and Mooney Grove Park originally taken to the Board of Supervisors on June 2, 2015 is a continuing emergency (4/5ths vote required).  Award a contract to Affordable Well Drilling and Pump Maintenance in the amount of $635,600 to construct a new well and install a new pump for the Bob Wiley and Tulare County Sheriff’s Office Agriculture Well replacement project, retroactive to July 8, 2015.  Find that the Board had the authority to enter into the proposed contract as of July 8, 2015, and that it was in the County’s best interest to enter into the contract on that date.  Authorize the Chairman to sign the construction agreement upon receipt of certificates of insurance, license verification, and contract, subject to review and approval as to form by County Counsel.

24.         Award the contract for the Bob Wiley Detention Facility Housing Unit #1 Roofing Project to the lowest responsible bidder, Fryer Roofing, in the amount of $226,493.  Waive the minor bid irregularities of Fryer Roofing not submitting the bid bond on the County form and not submitting the subcontractor list with the bid.  Deny the bid protest filed by Nations Roof West.  Authorize the Chairman to sign the construction agreement upon receipt of certificates of insurance, bonds, license verification, and contract, subject to review and approval as to form by County Counsel.

25.         Award the contract for the Balch Park Restroom Project to the lowest responsible and responsive bidder, Webb & Son, in the amount of $375,700.  Authorize the Chairman to sign the construction agreement upon receipt of certificates of insurance, bonds, license verification, and contract, subject to review and approval as to form by County Counsel.

26.         Award the contract for the Government Plaza Generator Installation Project to the lowest responsible bidder, Strategic Mechanical Inc., in the amount of $225,000.  Authorize the Chairman to sign the construction agreement upon receipt of certificates of insurance, bonds, license verification, and contract, subject to review and approval as to form by County Counsel.

District Attorney

27.         Approve an amendment to Agreement No. 26642 with the State of California, Victim Compensation and Government Claims Board to accept additional contract language omitted from the original contract, retroactive to July 1, 2014.  Find that the Board had authority to enter into the proposed amendment as of July 1, 2014, and that it was in the County’s best interest to enter into the agreement on that date.

Health & Human Services Agency

28.         Approve the Tulare County Child Abuse Prevention Council’s request for their annual funding in the amount of $70,000 from the County’s Children’s Trust Fund for Fiscal Year 2015/2016.

29.         Approve an agreement with Tulare County Superintendent of Schools for the provision of mental health services to Tulare County adolescents and children in an amount not to exceed $6,000,000, retroactive to July 1, 2015 through June 30, 2016.  Find that the Board had authority to enter into the proposed agreement as of July 1, 2015, and that it was in the County’s best interest to enter into the agreement on that date. 

30.         Approve an agreement with Turning Point of Central California, Inc. for the North County Mobile Unit in an amount not to exceed $850,000 to provide mental health services, retroactive from July 1, 2015 through June 30, 2016.  Find that the Board had authority to enter into the proposed agreement as of July 1, 2015, and that it was in the County’s best interest to enter into the agreement on that date.

31.         Approve an agreement with Turning Point of Central California, Inc. for the North County One-Stop Center in an amount not to exceed $700,000 to provide mental health services, retroactive to July 1, 2015 through June 30, 2016.  Find that the Board had authority to enter into the proposed agreement as of July 1, 2015, and that it was in the County’s best interest to enter into the agreement on that date.

32.         Approve an agreement with Turning Point of Central California, Inc. for the Central County One-Stop Center in an amount not to exceed $700,000 to provide mental health services, retroactive to July 1, 2015 through June 30, 2016.  Find that the Board had authority to enter into the proposed agreement as of July 1, 2015, and that it was in the County’s best interest to enter into the agreement on that date.

33.         Approve an agreement with Brandman University to provide supervised educational field experience for students enrolled in Brandman University’s Graduate Program, retroactive to April 1, 2015 through June 30, 2017. Find that the Board had authority to enter into the proposed agreement as of April 1, 2015, and that it was in the County’s best interest to enter into the agreement on that date.

Information & Communications Technology

34.         Approve a capital asset purchase of a 2015 RAM 2500 Crew Cab 4x4 Truck in the amount of $37,466.39.  Approve the necessary budget adjustments (4/5ths vote required).

35.         Approve the renewal of license and support with Alfresco in an amount not to exceed $141,600 to provide license and support for the period of August 8, 2015 through August 7, 2018.

Public Defender

36.         Approve amendments to the Juvenile Justice and Delinquency Prevention Commission Bylaws.

Resource Management Agency

37.         Approve and authorize the capital asset purchase of a steel wheel roller in an amount not to exceed $140,000.  Authorize the necessary budget adjustments (4/5ths vote required).

38.         Approve the designation and installation of a One-Way STOP controlled intersection on Road 296 at the intersection of Mountain Road 137 (Indian Reservation Road) located east of Porterville in accordance with the provisions of Section 2B.06 of the 2014 California Manual on Uniform Traffic Control Devices and Section 22450(c) of the California Vehicle Code.

39.         Approve the Notice of Exemption based on the General Rule Exemption (14 Cal. Code Regs. Section 15061(b)(3)) (including findings in Exhibit “1” made a part hereof) pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines for the proposed project (Sequoia Field Program Facility).  Authorize the Environmental Assessment Officer, or designee, of the Tulare County Resource Management Agency to file the Notice of Exemption and any other documents associated with the approval of this project with the Tulare County Clerk and any other affected public agency.  Authorize the RMA Director, or designee, to take all necessary and proper action to implement this action of the Board of Supervisors.

40.         Approve the short sale of real property located at 30595 Coyote Court, Visalia.  Approve forgiveness of a County loan in the amount of approximately $15,000.  Authorize the Resource Management Agency Assistant Director, Economic Development and Planning Branch to sign any and all documents pertaining to the short sale.

Sheriff/Coroner

41.         Approve a 90-day agreement with Huntington Court Reporters & Transcription, Inc. in the amount of $125,000 to provide transcription services that shall become effective from the date of the fully executed agreement.

42.         Ratify and approve an agreement with the U.S. Department of Justice, Drug Enforcement Administration and the Organized Crime Drug Enforcement Task Force in the amount of $5,000 to provide investigations assistance, effective upon signature of both parties and remaining in effect through September 30, 2015.

43.         Approve an amendment to Agreement No. 26188 with the Visalia Unified School District in the amount of $65,743 to provide a School Resource Officer at Charter Alternatives Academy, effective August 13, 2015 through June 3, 2016.

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

44.         Request from the Sheriff's Department to authorize the transfer of responsibility for providing patrol services to ensure public safety at Lakes Kaweah and Success from the General Services Department to the Sheriff’s Department, retroactive to July 17, 2015.  Authorize the transfer of staff and equipment for the Lake Patrol Program from the General Services Department to the Sheriff’s Department, subject to any “meet and confer” negotiations of involved employees, retroactive to July 17, 2015.   Approve, in concept, the revision of any existing grant contracts for any lake patrol equipment and services to reflect the Sheriff’s Department as the new implementation agency on behalf of the County of Tulare, subject to approval by the grantor.  Direct the Sheriff’s Department, after consultation with Human Resources and Development, to return to the Board of Supervisors at a future date with a detailed operational plan, organizational structure, job descriptions, and position classifications and compensation for the Sheriff’s Boat Patrol.

45.         Request from Health and Human Services Agency to introduce and waive the first reading of an Ordinance amending Section 1-03-2180 of the Ordinance Code of Tulare County pertaining to the Prohibition of Smoking in Tulare County Buildings, County Vehicles and Public Parks. Set the second reading for August 11, 2015.

46.         Request from Health and Human Services Agency to introduce and waive the first reading of an Ordinance adding Chapter 29 to Part IV of the Ordinance Code of Tulare County pertaining to the Regulation of Electronic Smoking Devices. Set the second reading for August 11, 2015. Direct the Clerk of the Board to publish a summary of the Ordinance before the second reading as required by law. 

47.         Request from General Services to approve a Personnel Resolution to add one (1) full time Custodial Supervisor position and delete one (1) Custodial Worker III position (Position No. 3948) within the Custodial Services Division of General Services.

48.         Request from County Administrative Office to approve a Resolution regarding the necessity and intent to organize a Joint Powers Authority for the purpose of pursuing new water storage facilities.

49.         Request from the Resource Management Agency based upon the findings set forth in attached Exhibit “1” made a part hereof, deny the appeal filed by Houston Wells of Glen Wells Construction Company, Inc., and affirm the Planning Commission’s approval of Special Use Permit No. PSP 14-041 for an Asphalt Batch Plant (Papich Construction).  

 (Closed Session)

 

CLOSED SESSION

 

 

NOTICE TO THE PUBLIC

CLOSED SESSIONS

As provided in the Ralph M. Brown Act, Government Code sections 54950 et seq., the Board of Supervisors may meet in closed session with members of its staff, county employees and its attorneys. These sessions are not open to the public and may not be attended by members of the public.  The matters the Board will meet on in closed session are identified below or are those matters appropriately identified in open session as requiring immediate attention and arising after the posting of the agenda.  Any public reports of action taken in the closed session will be made in accordance with Government Code sections 54957.1

 

It is the intention of the Board to meet in closed session concerning:

Sitting as the Tulare County Board of Supervisors

ITEM A

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Significant Exposure to Litigation [Government Code Section 54956.9(d)(2)] 

Number of Potential Cases: 1

Appeal by Gregg Redeker of Stott Outdoor Advertising of Final Site Plan No. PSR 15-001 for the installation of an off-site outdoor advertising billboard and an amendment to Final Site Plan No. PSR 00-010 for a truck service and repair facility adjacent to the City of Lindsay.  See open session agenda for related item.

ITEM B

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Significant Exposure to Litigation [Government Code Section 54956.9(d)(2)]

Number of Potential Cases: 1 

Placement of Delinquent Sewer and Water Service Fees on the 2015-2016 Tax Roll for Seville Water Company; see Board of Supervisors Agenda July 21, 2015.

ITEM C

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Significant Exposure to Litigation [Government Code Section 54956.9(d)(2)]

Number of Potential Cases: 1

Placement of Delinquent Sewer and Water Service Fees on the 2015-2016 Tax Roll for County Service Areas No. 1 and No. 2; see Board of Supervisors Agenda July 21, 2015.

Sitting as the Governing Board for the Terra Bella Sewer Maintenance District

ITEM D

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Significant Exposure to Litigation [Government Code Section 54956.9(d)(2)]

Number of Potential Cases: 1

Placement of Delinquent Sewer and Water Service Fees on the 2015-2016 Tax Roll for the Terra Bella Sewer Maintenance District; see Board of Supervisors Agenda July 21, 2015.

Sitting as the Tulare County Board of Supervisors

ITEM E

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Significant Exposure to Litigation [Government Code Section 54956.9(d)(2)]

Number of Potential Cases: 1

Award the contract for the Bob Wiley Detention Facility Housing Unit #1 Roofing Project to the Lowest Bidder Fryer Roofing.

ITEM F

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Significant Exposure to Litigation [Government Code Section 54956.9(d)(2)]

Number of Potential Cases: 1

An ordinance adding Chapter 29 to Part IV of the Ordinance Code of Tulare County; see Board of Supervisors Agenda July 21, 2015.

ITEM G

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Significant Exposure to Litigation [Government Code Section 54956.9(d)(2)]

Number of Potential Cases: 1

Appeal filed by Houston Wells of Glen Wells Construction Company, Inc. related to Special Use Permit No. PSP 14-041 for an Asphalt Batch Plant (Papich Construction)

ITEM H

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

Property Descriptions:  North Side of Avenue 416, 1300 feet west of road 38 APN 012-040-023

Agency Negotiator:  Jean Rousseau and Robert Newby

Negotiating Parties:  David and Lydia Bergen

Under Negotiation:   Price and Terms of Payment

ITEM I

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

[Government Code Section 54956.9(d)(1)]

Name of Case:  Tulare Pediatric Health Care Center FQHC v. Department of Health Care Services – FQ14-0610-718-JP.

ITEM J

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

[Government Code Section 54956.9(d)(1)]

Name of Case: SEIU Local 521 v. County of Tulare, Public Employee Relations Board Case No. SA-CE-894-M (PERB 7)

ITEM K

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

[Government Code Section 54956.9(d)(1)]

Name of Case: County of Tulare v. SEIU Local 521, PERB UPC No. SA-CO-120-M (PERB 5)

ITEM L

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

[Government Code Section 54956.9(d)(4)]

Number of Potential Cases: 1

ITEM M

CONFERENCE WITH LABOR NEGOTIATOR

(Government Code Section 54957.6)

Agency Designation Representative: Rhonda Sjostrom, Jean M. Rousseau

Employees Organization: All certified Employee Organizations

Unrepresented Employees: All Unrepresented Employees